PUBLIC LAW 109–21—JULY 9, 2005
119 STAT. 363
‘‘(A) the amount of the proposed forfeiture penalty involved; ‘‘(B) the person to whom the notice was issued; ‘‘(C) the length of time between the date on which the complaint was filed and the date on which the notice was issued; and ‘‘(D) the status of the proceeding; ‘‘(5) the number of final orders imposing forfeiture penalties issued pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines; ‘‘(6) for each forfeiture order referred to in paragraph (5)— ‘‘(A) the amount of the penalty imposed by the order; ‘‘(B) the person to whom the order was issued; ‘‘(C) whether the forfeiture penalty has been paid; and ‘‘(D) the amount paid; ‘‘(7) for each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the Commission referred such matter for recovery of the penalty; and ‘‘(8) for each case in which the Commission referred such an order for recovery— ‘‘(A) the number of days from the date the Commission issued such order to the date of such referral; ‘‘(B) whether an action has been commenced to recover the penalty, and if so, the number of days from the date the Commission referred such order for recovery to the date of such commencement; and ‘‘(C) whether the recovery action resulted in collection of any amount, and if so, the amount collected.’’. SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.
(a) IN GENERAL.—The Comptroller General of the United States shall conduct a study regarding complaints received by the Federal Communications Commission concerning unsolicited advertisements sent to telephone facsimile machines, which study shall determine— (1) the mechanisms established by the Commission to receive, investigate, and respond to such complaints; (2) the level of enforcement success achieved by the Commission regarding such complaints; (3) whether complainants to the Commission are adequately informed by the Commission of the responses to their complaints; and (4) whether additional enforcement measures are necessary to protect consumers, including recommendations regarding such additional enforcement measures. (b) ADDITIONAL ENFORCEMENT REMEDIES.—In conducting the analysis and making the recommendations required under subsection (a)(4), the Comptroller General shall specifically examine— (1) the adequacy of existing statutory enforcement actions available to the Commission; (2) the adequacy of existing statutory enforcement actions and remedies available to consumers; (3) the impact of existing statutory enforcement remedies on senders of facsimiles; (4) whether increasing the amount of financial penalties is warranted to achieve greater deterrent effect; and
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